DAILY LAW TIPS (Tip 319) By Onyekachi Umah, Esq., LLM. ACIArb(UK).
AN UNDERAGED PERSON WITH WHOM ADULTERY IS COMMITTED CANNOT BE SUED IN A CASE OF DIVORCE.
Adultery is a good ground/reason for divorce. Adultery takes at least 2 persons, one or both of whom are married to other persons.
A person who commits adultery with a married man/woman is sued and made a party in a case of divorce.
Where the person with whom adultery was committed is an infant under the age of 14 years at the time a case for divorce was instituted, such an infant cannot be sued and made a party to such divorce case. Although, such an infant may intervene in such case of divorce and then be deemed to have been made a party.
My authorities are ORDER 1 Rule 1 and Order IX, Rule 6 of the Matrimonial Causes Rules, 1983.
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